Local Government Act 1972

• (a) except in a case falling within paragraph (b), (c) or (d) below, to the proper officer of the council;

• (b) in the case of a person elected to a corporate office in a London borough, to the proper officer of the borough;

• (c) in the case of a parish or community councillor, to the chairman of the parish or community council;

• (d) in the case of a chairman of a parish or community council or of a parish meeting, to the council or the meeting, as the case may be;

and his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered.

• (2) A person elected or appointed to an office under Part . . . IV of the Local Government Act 1985 may at any time resign his office by written notice delivered to the proper officer of the authority of which he is a member and his resignation shall take effect upon the receipt of the notice by that officer.

85

• (1) Subject to subsections (2) and (3) below, if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority.

• (2) Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, or who were appointed to advise the authority on any matter relating to the discharge of their functions, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

• (2A) Subject to subsections (2B) and (3), if a member of a local authority which are operating executive arrangements, who is also a member of the executive of that local authority, fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the executive, he shall, unless the failure was due to some reason approved by the local authority before the expiry of that period, cease to be a member of the local authority.

• (2B) For the purposes of this section—

• (a) the discharge by a member, acting alone, of any function which is the responsibility of the executive; and

• (b) in respect of a mayor and cabinet executive or leader and cabinet executive, attendance as a member at a meeting of a committee of the executive,

shall each be deemed to be attendance at a meeting of the executive.

• (3) A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority or of a failure to attend meetings of the executive if the failure is due to that employment.

• (3A) Any period during which a member of a local authority is suspended or partially suspended under section 66, ... 73, 78 ... or 79 of the Local Government Act 2000 , or suspended under section 31(4) of the Elections Act 2022, shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1) or (2A) above (and, accordingly, a period during which a member fails to attend meetings of the authority or, as the case may be, meetings of the executive that falls immediately before, and another such period that falls immediately after, a period of suspension or partial suspension shall be treated as consecutive).

• (3B) Subsections (3C) and (3D) apply for the purpose of calculating the period of six consecutive months under subsection (1) or (2A).

• (3C) Any period during which a member of a local authority in Wales is exercising a right to absence under Part 2 of the Local Government (Wales) Measure 2011 is to be disregarded.

• (3D) The following two periods are to be treated as consecutive—

• (a) the period during which a member of a local authority in Wales fails to attend meetings of the authority or, as the case may be, meetings of the executive that falls immediately before the period described in subsection (3C), and

• (b) the period that falls immediately after the period described in subsection (3C).

• (4) In this section “local authority” includes a joint authority , an economic prosperity board , a combined authority and a combined county authority . . .

86

• (1) Where a member of a local authority—

• (a) ceases to be qualified to be a member of the authority; or

• (b) becomes disqualified for being a member of the authority otherwise than under section 80A(1)(c) of this Act, section 79 of the Local Government Act 2000 or section 34 of the Localism Act 2011 or by virtue of, a conviction or a breach of any provision of Part II of the Representation of the People Act 1983 , or by virtue of an order under section 30 of the Elections Act 2022; or

• (c) ceases to be a member of the authority by reason of failure to attend meetings of the authority;

the authority shall, except in any case in which a declaration has been made by the High Court under this Part of this Act, forthwith declare his office to be vacant.

• (2) In this section “local authority” includes a joint authority , an economic prosperity board , a combined authority and a combined county authority ...

87

• (1) For the purpose of filling a casual vacancy in any office for which an election is held under this Act, the date on which the vacancy is to be deemed to have occurred shall be—

• (a) in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;

• (b) in the case of resignation, upon the receipt of the notice of resignation by the person or body to whom the notice is required to be delivered;

• (c) in the case of death, on the date of death;

• (d) in the case of a disqualification by virtue of a conviction, on the expiration of the ordinary period allowed for making an appeal or application with respect to the ... conviction or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;

• (da) in the case of disqualification of a member of a local authority in Wales under paragraph (c) of section 80A(1), on the date on which the person becomes disqualified under that paragraph;

• (db) in the case of a disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc);

• (e) in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;

• (ee) in the case of a disqualification under section ... 79 of the Local Government Act 2000 or section 34 of the Localism Act 2011 or, on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision or order under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;

• (f) in the case of a person ceasing to be qualified to be a member of a local authority, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (ee) above, or ceasing to be a member of a local authority by reason of failure to attend meetings, on the date on which his office is declared to have been vacated either by the High Court or by the local authority, as the case may be; and

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) In a case where subsection (1)(db) and one or both of subsections (1)(d) and (1)(da) apply in relation to a vacancy, the vacancy is to be deemed to have occurred on the date mentioned in subsection (1)(db).

• (2) Public notice of a casual vacancy in any such office as is referred to in subsection (1) above shall be given by the local authority in which the office exists; and the steps required to be taken to give public notice in accordance with section 232 below shall be taken—

• (a) in a case where the local authority declare the office to be vacant, immediately after the declaration; and

• (b) in any other case, as soon as practicable after the date on which, by virtue of subsection (1) above, the vacancy is deemed to have occurred.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88

• (1) On a casual vacancy occurring in the office of chairman of any council . . ., an election to fill the vacancy shall be held not later than the next ordinary meeting of the council held after the date on which the vacancy occurs, or if that meeting is held within fourteen days after that date, then not later than the next following ordinary meeting of the council, and shall be conducted in the same manner as an ordinary election.

• (2) . . . , a meeting of the council for the election may be convened by the proper officer of the authority.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In a parish not having a separate parish council, a casual vacancy in the office of chairman of the parish meeting shall be filled by the parish meeting, and a parish meeting shall be convened for the purpose of filling the vacancy forthwith.

89

• (1) Subject to the provisions of this section, on a casual vacancy occurring in the office of councillor for any principal area, an election to fill the vacancy shall be held—

• (a) in a case in which the High Court or the council have declared the office to be vacant, within thirty-five days (computed in accordance with section 243(4) below) from the date of the declaration;

• (b) in any other case, within thirty-five days (so computed) after notice in writing of the vacancy has been given to the proper officer of the authority by two local government electors for the area.

• (2) The day of election to fill a casual vacancy in any office mentioned in subsection (1) above shall be fixed by the returning officer . . .

• (3) Where a casual vacancy in any such office occurs within six months before the day on which the councillor whose office is vacant would regularly have retired, an election shall not be held under subsection (1) above unless on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Where more than one casual vacancy in the office of councillor of a district in which councillors are elected by thirds is filled at the same election, the person elected by the smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have first retired, and the person elected by the next smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have next retired and so with respect to the others; and if there has not been a contested election, or if any doubt arises, the order of retirement shall be determined by lot.

• (5) Where an election to fill one or more casual vacancies in the office of councillor of any such district is combined with an ordinary election of councillors, the following provisions shall apply—

• (a) where an election is contested—

• (i) the persons who are elected by the smallest numbers of votes, or if any relevant votes are equal such persons as are determined by lot, shall be deemed elected to fill the casual vacancies;

• (ii) if the persons elected to fill the casual vacancies will hold office for different periods, the person elected by the smallest number of votes or, if the relevant votes are equal, such person as is determined by lot, shall hold office for the shorter period, and so with respect to the others;

• (b) where the election is not contested—

• (i) those declared elected (if fewer than the vacancies to be filled) shall be deemed elected to fill the vacancies in which they will hold office for the longest periods;

• (ii) where there are two or more persons declared elected and they are to fill vacancies in which they will hold office for different periods, any retiring councillors elected shall be deemed elected to fill the vacancies in which they will hold office for the longest period, and the question which of the persons declared elected who are not retiring councillors is to be deemed elected to fill any of the vacancies not filled by retiring councillors shall be determined by lot.

• (6) A casual vacancy among parish or community councillors shall be filled by election or by the parish or community council in accordance with rules made under section 36 of the Representation of the People Act 1983 in the case of a parish council or, in the case of a community council, made under section 36A of the 1983 Act.

• (7) Where under this section any question is required to be determined by lot—

• (a) in the case of a contested election, the lot shall be drawn by the returning officer immediately after the question has arisen; and

• (b) in any other case, the lot shall be drawn at the next meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.

Alteration of local boundaries consequent on alteration of water-course.

90

A person elected or appointed under the foregoing provisions of this Act in England or Wales or under Part . . . IV of the Local Government Act 1985 to fill any casual vacancy . . . shall hold office until the date upon which the person in whose place he is elected or appointed would regularly have retired, and he shall then retire.

91

• (1) Where there are so many vacancies in the office of parish or community councillor that the parish or community council are unable to act, the district council or Welsh principal council may by order appoint persons to fill all or any of the vacancies until other councillors are elected and take up office.

• (2) In the case of a common parish council under which are grouped, by virtue of section 11(5) above, parishes situated in different districts, the reference in subsection (1) above to the district council shall be construed as a reference to the council of the district in which there is the greater number of local government electors for the parishes in the group.

• (3) Two copies of every order made under this section shall be sent to the Secretary of State.

Proceedings for disqualification

92

• (1) Proceedings against any person on the ground that he acted or claims to be entitled to act as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted by, and only by, any local government elector for the area concerned—

• (a) in the High Court or a magistrates’ court if that person so acted;

• (b) in the High Court if that person claims to be entitled so to act;

but proceedings under paragraph (a) above shall not be instituted against any person after the expiration of more than six months from the date on which he so acted.

• (2) Where in proceedings instituted under this section it is proved that the defendant has acted as a member of a local authority while disqualified for so acting, then—

• (a) if the proceedings are in the High Court, the High Court may—

• (i) make a declaration to that effect and declare that the office in which the defendant has acted is vacant;

• (ii) grant an injunction restraining the defendant from so acting;

• (iii) order that the defendant shall forfeit to Her Majesty such sum as the court think fit, not exceeding £50 for each occasion on which he so acted while disqualified;

• (b) if the proceedings are in a magistrates’ court, the magistrates’ court may, subject to the provisions of this section, convict the defendant and impose on him a fine not exceeding level 3 on the standard scale for each occasion on which he so acted while disqualified.

• (3) Where proceedings under this section are instituted in a magistrates’ court, then—

• (a) if the court is satisfied that the matter would be more properly dealt with in the High Court, it shall by order discontinue the proceedings;

• (b) if the High Court, on application made to it by the defendant within fourteen days after service of the summons, is satisfied that the matter would be more properly dealt with in the High Court, it may make an order, which shall not be subject to any appeal, requiring the magistrates’ court by order to discontinue the proceedings.

• (4) Where in proceedings instituted under this section in the High Court it is proved that the defendant claims to act as a member of a local authority and is disqualified for so acting, the court may make a declaration to that effect and declare that the office in which the defendant claims to be entitled to act is vacant and grant an injunction restraining him from so acting.

• (5) No proceedings shall be instituted against a person otherwise than under this section on the ground that he has, while disqualified for acting as a member of a local authority, so acted or claimed to be entitled so to act.

• (6) For the purposes of this section a person shall be deemed to be disqualified for acting as a member of a local authority—

• (a) if he is not qualified to be, or is disqualified for being, a member of the authority; or

• (b) if by reason of failure to make and deliver the declaration of acceptance of office within the period required, or by reason of resignation or failure to attend meetings of the local authority, he has ceased to be a member of the authority.

• (7) In this section “local authority” includes a joint authority , an economic prosperity board , a combined authority and a combined county authority ... ; and in relation to a joint authority , an economic prosperity board , a combined authority or a combined county authority the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for any local government area in the area for which the authority is established.

• (7A) This section applies to a corporate joint committee as it applies to a local authority and, in relation to a corporate joint committee, the reference in subsection (1) to a local government elector for the area concerned is to be construed as a reference to a local government elector for any local government area in the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

• (7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In relation to the Broads Authority, the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for the area of any of the local authorities mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988.

Restrictions on voting

93

94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

98

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meetings and proceedings

99

The provisions of Schedule 12 to this Act shall have effect with respect to the meetings and proceedings of local authorities , joint authorities, economic prosperity boards, combined authorities, combined county authorities, .... ... and their committees, parish meetings and their committees and community meetings.

100

• (1) For the purpose of securing the admission, so far as practicable, of the public (including the press) to all meetings of committees of local authorities as well as to meetings of local authorities themselves, the Public Bodies (Admission to Meetings) Act 1960 (in this section referred to as “the 1960 Act”) shall have effect subject to the following provisions of this section.

The Public Bodies (Admission to Meetings) Act 1960 (“the 1960 Act”) has effect in relation to meetings of committees of local authorities, subject to subsection (2).

• (2) Without prejudice to section 2(1) of the 1960 Act (application of section 1 of that Act to any committee of a body whose membership consists of or includes all members of that body) section 1 of the 1960 Act shall apply . . . to any committee appointed by one or more local authorities under section 102 below, not being a committee falling within section 2(1) of the 1960 Act or section 100E(3)(a) or (b) below (whether or not by virtue of section 100J below).

• (3) Where section 1 of the 1960 Act applies to a committee by virtue of subsection (2) above, then, for the purposes of subsection (4)(c) of that section, premises belonging to the local authority or one or more of the local authorities which appointed the committee shall be treated as belonging to the committee.

Part VA — Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees.

Admission to meetings of principal councils.

100A

• (1) A meeting of a principal council shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

• (2) The public shall be excluded from a meeting of a principal council during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

• (3) For the purposes of subsection (2) above, “confidential information” means—

• (a) information furnished to the council by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

• (b) information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

• (4) A principal council may by resolution exclude the public from a meeting during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information, as defined in section 100I below.

• (5) A resolution under subsection (4) above shall—

• (a) identify the proceedings, or the part of the proceedings, to which it applies, and

• (b) state the description, in terms of Schedule 12A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section does not require the meeting to be open to the public during proceedings to which the resolution applies.

• (5A) Where the public are excluded from a meeting of a principal council in England under subsection (2) or (4), the council may also prevent any person from reporting on the meeting using methods—

• (a) which can be used without that person’s presence at the meeting, and

• (b) which enable persons not present at the meeting to see or hear the proceedings at the meeting as it takes place or later.

• (6) The following provisions shall apply in relation to a meeting of a principal council, that is to say—

• (a) public notice of the time and place of the meeting shall be given by posting it at the offices of the council five clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

• (b) while the meeting is open to the public, the council shall not have power to exclude members of the public from the meeting; and

• (c) subject to subsection (7D), while the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the council or not on the telephone, for telephoning the report at their own expense.

• (7) Subject to subsection (7A) nothing in this section shall require a principal council to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

• (7A) While a meeting of a principal council in England is open to the public, any person attending is to be permitted to report on the meeting.

• (7B) Subsection (7A) does not require a principal council in England to permit oral reporting or oral commentary on a meeting as it takes place if the person reporting or providing the commentary is present at the meeting.

• (7C) A person attending a meeting of a principal council in England for the purpose of reporting on the meeting must, so far as practicable, be afforded reasonable facilities for doing so.

• (7D) Subsection (7C) applies in place of subsection (6)(c) in the case of a principal council in England.

• (7E) Any person who attends a meeting of a principal council in England for the purpose of reporting on the meeting may use any communication method, including the internet, to publish, post or otherwise share the results of the person’s reporting activities.

• (7F) Publication and dissemination may take place at the time of the meeting or occur after the meeting.

• (8) This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

• (9) In this section “reporting” means—

• (a) filming, photographing or making an audio recording of proceedings at a meeting,

• (b) using any other means for enabling persons not present to see or hear proceedings at a meeting as it takes place or later, or

• (c) reporting or providing commentary on proceedings at a meeting, orally or in writing, so that the report or commentary is available as the meeting takes place or later to persons not present.

100B

• (1) Copies of the agenda for a meeting of a principal council and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the council in accordance with subsection (3) below.

• (2) If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during which, in his opinion, the meeting is likely not to be open to the public.

• (3) Any document which is required by subsection (1) above to be open to inspection shall be so open at least five clear days before the meeting, except that—

• (a) where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and

• (b) where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item, shall be open to inspection from the time the item is added to the agenda;

but nothing in this subsection requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the council.

• (4) An item of business may not be considered at a meeting of a principal council unless either—

• (a) a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least five clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or

• (b) by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

• (5) Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above—

• (a) every copy of the report or of the part shall be marked “Not for publication”; and

• (b) there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 12A to this Act, of the exempt information by virtue of which the council are likely to exclude the public during the item to which the report relates.

• (6) Where a meeting of a principal council is required by section 100A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.

• (7) There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

• (a) a copy of the agenda for a meeting of a principal council and, subject to subsection (8) below, a copy of each of the reports for the meeting;

• (b) such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and

• (c) if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.

• (8) Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.

100C

• (1) After a meeting of a principal council in England the following documents shall be open to inspection by members of the public at the offices of the council until the expiration of the period of six years beginning with the date of the meeting, namely—

• (a) the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of proceedings during which the meeting was not open to the public as discloses exempt information;

• (b) where applicable, a summary under subsection (2) below;

• (c) a copy of the agenda for the meeting; and

• (d) a copy of so much of any report for the meeting as relates to any item during which the meeting was open to the public.

• (1A) After a meeting of a principal council in Wales the documents listed in subsection (1B) must—

• (a) be published electronically, and

• (b) remain accessible electronically to members of the public until the expiration of the period of six years beginning with the date of the meeting.

• (1B) The documents are—

• (a) the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of proceedings during which the meeting was not open to the public as discloses exempt information,

• (b) where applicable, a summary under subsection (2),

• (c) a copy of the agenda for the meeting, and

• (d) a copy of so much of any report for the meeting as relates to any item during which the meeting was open to the public.

• (1C) As soon as reasonably practicable after a meeting of a principal council in Wales, and in any event before the end of seven working days beginning with the day on which the meeting is held, the council must publish electronically a note setting out—

• (a) the names of the members who attended the meeting, and any apologies for absence;

• (b) any declarations of interest;

• (c) any decision taken at the meeting, including the outcomes of any votes, but excluding anything relating to a decision taken when the meeting was not open to the public as discloses exempt information.

• (2) Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) above or the document published under subsections (1A) and (1B)(a), does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer shall make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.

100D

• (1) Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public , or are required by section 100BA(1) or 100C(1A) to be published electronically —

• (a) those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, ...

• (b) in relation to a principal council in England, at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council., and

• (c) in relation to a principal council in Wales, each of the documents included in that list must be published electronically, but if in the opinion of the proper officer it is not reasonably practicable to publish a document included in the list electronically at least one copy of the document must be open to inspection at the offices of the council.

• (2) In relation to a principal council in England, Subsection (1) above does not require a copy . . . of any document included in the list, to be open to inspection after the expiration of the period of four years beginning with the date of the meeting.

• (2A) In relation to a principal council in Wales, copies of documents included in the list must—

• (a) where they are published under subsection (1)(c), remain accessible electronically to members of the public until the expiration of the period of six years beginning with the date of the meeting, and

• (b) where they are open to inspection under subsection (1)(c), be open to inspection by members of the public at the offices of the council until the expiration of that period.

• (3) Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.

• (4) Nothing in this section—

• (a) requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or

• (b) without prejudice to the generality of subsection (2) of section 100A above, requires or authorises the inclusion in the list of any document which, if open to inspection by the public or published electronically , would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.

• (5) For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which—

• (a) disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and

• (b) have, in his opinion, been relied on to a material extent in preparing the report,

but do not include any published works.

100E

• (1) Sections 100A to 100D above shall apply in relation to a committee or sub-committee of a principal council as they apply in relation to a principal council.

• (1A) But in section 100A, subsections (5A), (7A) to (7F) and (9) do not apply to a committee which is appointed or established jointly by one or more principal councils in England and one or more principal councils in Wales, or a sub-committee of such a committee.

• (2) In the application by virtue of this section of sections 100A to 100D 100C above in relation to a committee or sub-committee—

• (a) section 100A(6)(a) shall be taken to have been complied with if the notice is given by posting it at the time there mentioned at the offices of every constituent principal council and, if the meeting of the committee or sub-committee to which that section so applies is to be held at premises other than the offices of such a council, at those premises published electronically on the website of every constituent council;

• (b) for the purposes of section 100A(6)(c), premises belonging to a constituent principal council shall be treated as belonging to the committee or sub-committee; ...

• (ba) the requirement in sections 100A(6)(aa), 100BA(1), 100C(1A) and (1C) and 100D(1)(c) to publish a document electronically is complied with if it is published electronically by every constituent principal council;

• (bb) the requirement in sections 100C(1A) and 100D(2A)(a) for a document to remain accessible electronically is complied with if the document remains accessible on the website of every constituent principal council; and

• (c) for the purposes of sections 100B(1), 100C(1) and 100D(1) and (2A)(b), offices of any constituent principal council shall be treated as offices of the committee or sub-committee.

• (3) Any reference in this Part to a committee or sub-committee of a principal council is a reference to—

• (a) a committee which is constituted under an enactment specified in section 101(9) below or which is appointed by one or more principal councils under section 102 below; or

• (b) a joint committee not falling within paragraph (a) above which is appointed or established under any enactment by two or more principal councils and is not a body corporate; or

• (bba) a committee in place by virtue of section 107D(3)(c)(ii) of the Local Democracy, Economic Development and Construction Act 2009;

• (bbb) a joint committee in place by virtue of section 107E of that Act;

• (bb) the Navigation Committee of the Broads Authority; or

• (c) a sub-committee appointed or established under any enactment by one or more committees falling within paragraphs (a) to (bb) above.

• (4) Any reference in this Part to a constituent principal council, in relation to a committee or sub-committee, is a reference—

• (a) in the case of a committee, to the principal council, or any of the principal councils, of which it is a committee; and

• (b) in the case of a sub-committee, to any principal council which, by virtue of paragraph (a) above, is a constituent principal council in relation to the committee, or any of the committees, which established or appointed the sub-committee.

100EA

• (1) The appropriate authority may by regulations make provision for written records of decisions made or action taken by a member of a local authority, in exercise of a function of the authority by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007 or under section 56 of the Local Government (Wales) Measure 2011, to be made and provided to the authority by the member.

• (2) Any written record provided to the authority under regulations under subsection (1) shall be open to inspection by members of the public at the offices of the authority for the period of six years beginning with the date on which the decision was made or action was taken.

• (2A) In this section “appropriate authority” means—

• (a) in relation to local authorities in England, the Secretary of State;

• (b) in relation to local authorities in Wales, the Welsh Ministers.

• (c) in subsection (3), after “Parliament” insert “ (in the case of regulations made by the Secretary of State) or a resolution of the National Assembly for Wales (in the case of regulations made by the Welsh Ministers) ”.

• (3) A statutory instrument containing regulations under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

100F

• (1) Any document which is in the possession or under the control of a principal council and contains material relating to any business to be transacted at a meeting of the council or a committee or sub-committee of the council shall, subject to subsections (2) to (2C) below, be open to inspection by any member of the council.

• (2) In relation to a principal council in England, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information.

• (2A) But subsection (1) above does require (despite subsection (2) above) the document to be open to inspection if the information is information of a description for the time being falling within—

• (a) paragraph 3 of Schedule 12A to this Act (except to the extent that the information relates to any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract), or

• (b) paragraph 6 of Schedule 12A to this Act.

• (2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

• (2C) In relation to a principal council in Wales, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information of a description falling within any of paragraphs 12 to 18, 21, 23, 24 and 26 of Schedule 12A to this Act.

• (3) The appropriate person may by order amend subsections (2) to (2C) above—

• (a) by adding to the descriptions of exempt information to which those subsections refer for the time being; or

• (b) by removing any description of exempt information to which those subsections refer for the time being.

• (3A) In subsection (3) above “the appropriate person” means—

• (a) in relation to England, the Secretary of State;

• (b) in relation to Wales, the National Assembly for Wales.

• (4) Any statutory instrument containing an order under subsection (3) made by the Secretary of State above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) The rights conferred by this section on a member of a principal council are in addition to any other rights he may have apart from this section.

100G

• (1) A principal council shall maintain a register stating—

• (a) the name and address of every member of the council for the time being together with, in the case of a councillor, the ward or division which he represents; and

• (b) the name and address of every member of each committee or sub-committee of the council for the time being.

• (2) A principal council shall maintain a list—

• (a) specifying those powers of the council which, for the time being, are exercisable from time to time by officers of the council in pursuance of arrangements made under this Act or any other enactment for their discharge by those officers; and

• (b) stating the title of the officer by whom each of the powers so specified is for the time being so exercisable;

but this subsection does not require a power to be specified in the list if the arrangements for its discharge by the officer are made for a specified period not exceeding six months.

• (3) There shall be kept at the offices of every principal council a written summary of the rights—

• (a) to attend meetings of a principal council and of committees and sub-committees of a principal council, and

• (b) to inspect and copy documents and to be furnished with documents,

which are for the time being conferred by this Part, Part XI below and such other enactments as the Secretary of State by order specifies.

• (4) The register maintained under subsection (1) above, the list maintained under subsection (2) above and the summary kept under subsection (3) above shall be open to inspection by the public at the offices of the council.

• (5) But, in relation to a principal council in Wales, the information open to inspection under subsection (4) must not include a member’s address included in the register maintained under subsection (1).

100H

• (1) A document directed by any provision of this Part to be open to inspection shall be so open at all reasonable hours and—

• (a) in the case of a document open to inspection by virtue of section 100D(1) above, upon payment of such reasonable fee as may be required for the facility; and

• (b) in any other case, without payment.

section 100G to be open to inspection is to be open to inspection at all reasonable hours and without payment.

• (2) In relation to a principal council in England, Where a document is open to inspection by a person under any provision of this Part section 100G, the person may, subject to subsection (3) below—

• (a) make copies of or extracts from the document, or

• (b) require the person having custody of the document to supply to him a photographic copy of or of extracts from the document,

upon payment of such reasonable fee as may be required for the facility.

• (2A) In relation to a principal council in Wales, where a document is open to inspection by a person under any provision of this Part the person may, subject to subsection (3) below—

• (a) make copies of the document or parts of the document, or

• (b) require the person having custody of the document to provide a copy of the document or of parts of the document,

upon payment of such reasonable fee as may be required for the facility.

• (3) Subsections (2), (2A) and (6A) do not require or authorise the doing of any such act which infringes the copyright in any work except that, where the owner of the copyright is a principal council, nothing done in pursuance of those subsections shall constitute an infringement of the copyright.

• (3A) Provisions in this Part which require the publication or supply of documents do not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is a principal council, nothing done in pursuance of those provisions shall constitute an infringement of the copyright.

• (3A) Provisions in this Part which require the publication of documents by a principal council in Wales do not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is the council, nothing done in pursuance of those provisions constitutes an infringement of the copyright.

• (4) If, without reasonable excuse, a person having the custody of a document which is required by section 100B(1) , 100C(1) or 100EA(2) above to be open to inspection by the public—

• (a) intentionally obstructs any person exercising a right conferred by this Part to inspect, or to make a copy of or extracts from, the document, or

• (b) refuses to furnish copies to any person entitled to obtain them under any provision of this Part,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

• (5) Where any accessible document for a meeting to which this subsection applies—

• (a) is supplied to, or open to inspection by, a member of the public, ...

• (aa) is published electronically by a principal council in Wales, or

• (b) is supplied for the benefit of any newspaper, in pursuance of section 100B(7) or 100BA(9) above,

is published electronically or supplied to a member of the public in accordance with this Part,

the publication thereby of any defamatory matter contained in the document shall be privileged unless the publication is proved to be made with malice.

• (6) Subsection (5) above applies to any meeting of a principal council and any meeting of a committee or sub-committee of a principal council; and, for the purposes of that subsection, the “accessible documents”; for a meeting are the following—

• (a) any copy of the agenda or of any item included in the agenda for the meeting;

• (b) any such further statements or particulars for the purpose of indicating the nature of any item included in the agenda as are mentioned in section 100B(7)(b) or 100BA(9)(b) above;

• (c) any copy of a document relating to such an item which is supplied for the benefit of a newspaper in pursuance of section 100B(7)(c) or 100BA(9)(c) above;

• (d) any copy of the whole or part of a report for the meeting;

• (e) any copy of the whole or part of any background papers for a report for the meeting, within the meaning of section 100D above.

• (f) the note required to be published by a principal council in Wales under section 100C(1C).

• (6A) A principal council in Wales must put in place facilities for members of the public who would otherwise not be able to do so, to access—

• (a) notices or other documents required to be published electronically under sections 100A(6)(aa), 100BA(1), 100C(1A) and (1C) and 100D(1)(c), and

• (b) documents required to remain accessible electronically under sections 100C(1A) and 100D(2A)(a).

• (7) The rights conferred by this Part to inspect or otherwise access, copy and be furnished with documents are in addition, and without prejudice, to any such rights conferred by or under any other enactment.

• (8) A principal council in Wales must have regard to any guidance issued by the Welsh Ministers about the exercise of its functions relating to the publication, provision and inspection of documents under this Part.

100I

• (1) In relation to principal councils in England,the descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part I of Schedule 12A to this Act, but subject to any qualifications contained in Part II of that Schedule; and Part III has effect for the interpretation of Parts 1 to 3 of that Schedule.

• (1A) In relation to principal councils in Wales, the descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part 4 of Schedule 12A to this Act, but subject to any qualifications contained in Part 5 of that Schedule; and Part 6 has effect for the interpretation of Parts 4 to 6 of that Schedule.

• (2) The appropriate person may by order vary Schedule 12A to this Act by adding to it any description or other provision or by deleting from it or varying any description or other provision for the time being specified or contained in it.

• (3) The appropriate person may exercise the power conferred by subsection (2) above by amending any Part of Schedule 12A to this Act, with or without amendment of any other Part.

• (3A) In this section “the appropriate person” means—

• (a) in relation to England, the Secretary of State;

• (b) in relation to Wales, the National Assembly for Wales.

• (4) Any statutory instrument containing an order under this section made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

100J

• (1) Except in this section, and subject as follows, any reference in this Part to a principal council includes a reference to—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a joint authority;

• (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bc) an economic prosperity board;

• (bd) a combined authority;

• (bda) a combined county authority;

• (be) Transport for London;

• (bf) a sub-national transport body;

• (c) the Common Council;

• (cc) The Broads Authority;

• (cd) a National Park authority;

• (d) a joint board or joint committee falling within subsection (2) below;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (eza) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.

• (g) the Homes and Communities Agency so far as it is exercising functions conferred on it in relation to a designated area by virtue of a designation order.

• (h) a Mayoral development corporation.

• (2) A joint board or joint committee falls within this subsection if—

• (a) it is constituted under any enactment as a body corporate; and

• (b) it discharges functions of two or more principal councils;

and for the purposes of this subsection any body falling within paragraph (a), (b)..., (bc), (bd) or (c) of subsection (1) above shall be treated as a principal council.

• (2A) In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, a reference in this Part to the offices of the council (however expressed)—

• (a) is to be treated as a reference to such premises located within the designated area as the Homes and Communities Agency considers appropriate, and

• (b) in the application of section 100A(6)(a) above to a case where the meeting is to be held at premises other than those mentioned in paragraph (a) above, includes a reference to those other premises.

• (2B) In section 100A, subsections (5A), (7A) to (7F) and (9) do not apply to—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the Common Council other than in its capacity as a local authority or police authority;

• (c) a joint board or a joint committee falling within subsection (2) above;

• (d) the Homes and Communities Agency; or

• (e) a Mayoral development corporation.

• (3) In its application by virtue of subsection (1) above in relation to a body falling within paragraph . . . , (b), ... ...(bc), (bd), (be), (bf), (cc), (cd), (d)... . . . , (f) or (h) of that subsection, section 100A (6)(a) above shall have effect with the insertion after the word “council” of the words “ and, if the meeting is to be held at premises other than those offices, at those premises ”.

• (3YA) In its application by virtue of subsection (1)(be) above in relation to Transport for London, section 100E(3) has effect as if for paragraph (bb) there were substituted—

(bb) a committee of Transport for London (with “committee”, in relation to Transport for London, here having the same meaning as in Schedule 10 to the Greater London Authority Act 1999); or

• (3ZA) In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100E above shall have effect as if—

• (a) in subsection (2), paragraph (c) was omitted, and

• (b) in subsection (3), for paragraphs (a) to (c) there were substituted—

(a) a committee established under paragraph 6(1) of Schedule 1 to the Housing and Regeneration Act 2008 for the purpose of exercising functions conferred on the Homes and Communities Agency in relation to a designated area by virtue of a designation order; or (b) a sub-committee of such a committee established under paragraph 6(2) of that Schedule to that Act for that purpose.

• (3ZAA) In its application by virtue of subsection (1)(h) above in relation to a Mayoral development corporation, section 100E(3) has effect as if for paragraphs (a) to (c) there were substituted—

(a) a committee which is established under Schedule 21 to the Localism Act 2011 by a principal council, or (b) a sub-committee established under that Schedule by a committee within paragraph (a).

• (3ZB) In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100G(1) above shall have effect as if paragraph (a) was omitted.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In its application by virtue of subsection (1) above, section 100G(1)(a) above shall have effect—

• (a) in relation to a joint authority ... , a sub-national transport body, an economic prosperity board, , a combined authority or a combined county authority ... ... , with the substitution for the words after “together with” of the words “the name or description of the body or other person that appointed him ”; and

• (aa) in relation to the Broads Authority or its Navigation Committee or any National Park authority, with the substitution for the words after “together with” of the words “the name of the person who appointed him ”; and

• (b) in relation to a Mayoral development corporation, or joint board or joint committee falling within subsection (2) above, with the omission of the words after “for the time being”; and

• (c) in relation to a fire and rescue authority falling within subsection (1)(f) above, with the substitution for the words , in the case of a councillor, the“ward or division” of the words “ theconstituent area ”.

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4AA) In its application by virtue of subsection (1)(be) above in relation to Transport for London, section 100G shall have effect—

• (a) with the substitution for subsection (1)(a) and (b) of—

(a) the name of every member of the council for the time being; and (b) the name of every member of each committee or sub-committee of the council for the time being.

, and

• (b) with the insertion in subsection (2)(b) after “exercisable” of “, but not an officer by whom such a power is exercisable at least partly as a result of sub-delegation by any officer”.

• (4AB) References to a principal council in Wales in this Part include—

• (a) a National Park authority for a National Park in Wales;

• (b) a fire and rescue authority for an area in Wales;

• (c) a joint board or joint committee which falls within subsection (2) and which discharges functions of two or more principal councils in Wales.

• (4B) In this section “designated area” and “designation order” have the same meanings as in Part 1 of the Housing and Regeneration Act 2008.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100K

• (1) In this Part—

• “committee or sub-committee of a principal council” shall be construed in accordance with section 100E(3) above (and see section 100J(3YA), (3ZA)(b) and (3ZAA) above);

• “constituent principal council” shall be construed in accordance with section 100E(4) above;

• “copy”, in relation to any document, includes a copy made from a copy;

• “exempt information” has the meaning given by section 100I above;

• “information” includes an expression of opinion, any recommendations and any decision taken;

• “newspaper” includes—

• (a) a news agency which systematically carries on the business of selling and supplying reports or information to news-papers; and

• (b) any organisation which is systematically engaged in collecting news—

• (i) for sound or television broadcasts; or

• (ii) for inclusion in programmes to be included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;

• (1A) In this Part references to a meeting of a principal council in Wales held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place to speak to and be heard by each other (whether or not the equipment or facility enables those persons to see and be seen by each other).

• (2) Any reference in this Part to a meeting is a reference to a meeting held after 1st April 1986

• (3) The Secretary of State may by order amend sections 100A(6)(a) and (aa) and 100B(3) and (4)(a) above so as to substitute for each reference to three clear days such greater number of days as may be specified in the order.

• (4) Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part VI — Discharge of Functions

Arrangements for discharge of functions by local authorities.

101

• (1) Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions—

• (a) by a committee, a sub-committee or an officer of the authority; or

• (b) by any other local authority.

• (1A) A local authority may not under subsection (1)(b) above arrange for the discharge of any of their functions by another local authority if, or to the extent that, that function is also a function of the other local authority and is the responsibility of the other authority’s executive.

• (1B) Arrangements made under subsection (1)(b) above by a local authority (“the first authority”) with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that,—

• (a) the first authority are operating or begin to operate executive arrangements, and that function becomes the responsibility of the executive of that authority; or

• (b) the authority with whom the arrangements are made (“the second authority”) are operating or begin to operate executive arrangements, that function is also a function of the second authority and that function becomes the responsibility of the second authority’s executive.

• (1C) Subsections (1A) and (1B) above do not affect arrangements made by virtue of section 9EA or 19 of the Local Government Act 2000 (discharge of functions of and by another authority).

• (1D) A combined authority may not arrange for the discharge of any functions under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority.

• (1E) In subsection (1D) “mayoral function” has the meaning given by section 107G(7) of the Local Democracy, Economic Development and Construction Act 2009.

• (1F) A combined county authority may not arrange for the discharge of any functions under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority.

• (1G) In subsection (1F) “mayoral function” has the meaning given by section 41(8) of the Levelling-up and Regeneration Act 2023.

• (2) Where by virtue of this section any functions of a local authority may be discharged by a committee of theirs, then, unless the local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority and where by virtue of this section any functions of a local authority may be discharged by a sub-committee of the authority, then, unless the local authority or the committee otherwise direct, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.

• (3) Where arrangements are in force under this section for the discharge of any functions of a local authority by another local authority, then, subject to the terms of the arrangements, that other authority may arrange for the discharge of those functions by a committee, sub-committee or officer of theirs and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of that other authority.

• (4) Any arrangements made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangements are made from exercising those functions.

• (5) Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—

• (a) they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and

• (b) any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

• (5A) Arrangements made under subsection (5) above by two or more local authorities with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that, the function becomes the responsibility of an executive of any of the authorities.

• (5B) Subsection (5A) above does not affect arrangements made by virtue of section 9EB or 20 of the Local Government Act 2000 (joint exercise of functions).

• (5C) Arrangements under subsection (5) by two or more local authorities with respect to the discharge of any of their functions cease to have effect with respect to that function if, or to the extent that, the function becomes a general function of a mayor for the area of a combined authority or combined county authority.

• (5D) Subsection (5C) does not prevent arrangements under subsection (5) being entered into in respect of that function by virtue of—

• (a) section 107E of the Local Democracy, Economic Development and Construction Act 2009 (joint exercise of general functions) , or

• (b) section 32 of the Levelling-up and Regeneration Act 2023 (joint exercise of general functions).

• (5E) In subsection (5C), “general functions”—

• (a) in relation to a combined authority, has the meaning given in section 107D(2) of the Local Democracy, Economic Development and Construction Act 2009;

• (b) in relation to a combined county authority, has the meaning given in section 30(2) of the Levelling-up and Regeneration Act 2023.

• (6) A local authority’s functions with respect to levying, or issuing a precept for, a rate ... shall be discharged only by the authority.

• (6A) Community Infrastructure Levy under Part 11 of the Planning Act 2008 is not a rate for the purposes of subsection (6).

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Any enactment, except one mentioned in subsection (9) below, which contains any provision—

• (a) which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or

• (b) which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions, or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;

shall, to the extent that it makes any such provision, cease to have effect.

• (9) The following enactments, that is to say—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are exempted from subsection (8) above.

• (10) This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which by any enactment mentioned in subsection (9) above are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.

• (10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) References in this section and section 102 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

• (13) In this Part of this Act “local authority” includes the Common Council, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, ...any joint authority ..., an economic prosperity board, a combined authority, a combined county authority, a sub-national transport body, ... ..., a joint board on which a local authority within the meaning of this Act or any of the foregoing authorities are represented and, without prejudice to the foregoing, any port health authority.

• (13A) In this section “local authority” includes the London Fire Commissioner; but nothing in this section authorises functions of the Commissioner to be discharged by a committee or sub-committee of the Commissioner.

• (14) Nothing in this section affects the operation of section 5 of the 1963 Act or the Local Authorities (Goods and Services) Act 1970.

• (15) Nothing in this section applies in relation to any function under the Licensing Act 2003 of a licensing authority (within the meaning of that Act).

102

• (1) For the purpose of discharging any functions in pursuance of arrangements made under section 101 above or section 53 of the Children Act 1989—

• (a) a local authority may appoint a committee of the authority; or

• (b) two or more local authorities may appoint a joint committee of those authorities; or

• (c) any such committee may appoint one or more sub-committees.

• (1A) For the purpose of discharging any function in pursuance of arrangements made under section 9E(2)(b)(iv), (3)(b), (4)(a) or (5)(a) of the Local Government Act 2000 or under regulations made under section 18 of that Act (discharge of functions by area committees)—

• (a) a local authority may appoint a committee of the authority; or

• (b) any such committee may appoint one or more sub-committees.

• (2) Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) or (1A) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.

• (3) A committee appointed under subsection (1) or (1A) above, other than a committee for regulating and controlling the finance of the local authority or of their area, may, subject to section 104 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, . . .

• (4) A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities , or, where the appointing authority or each of the authorities operate executive arrangements, any executive of that or those authorities, or a committee or member of that executive, on any matter relating to the discharge of their functions, and any such committee—

• (a) may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and

• (b) may appoint one or more sub-committees to advise the committee with respect to any such matter.

• (5) Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall upon ceasing to be a member of that authority also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

• (6) Subsection (7) applies in relation to—

• (a) a committee or sub-committee appointed by a local authority in England wholly or partly for the purposes of discharging functions of a fire and rescue authority,

• (b) a joint committee appointed by two or more local authorities in England wholly or partly for the purposes of discharging such functions, or

• (c) a sub-committee appointed by any such committee or joint committee wholly or partly for the purposes of discharging such functions.

• (7) A relevant police and crime commissioner may only be appointed to a committee or sub-committee to which this subsection applies in response to a request made by the commissioner to the appointing authority or authorities or, in the case of a sub-committee, to the appointing committee.

• (8) If a request under subsection (7) is made to an appointing authority or authorities or an appointing committee, they must—

• (a) consider the request,

• (b) give reasons for their decision to agree to or refuse the request, and

• (c) publish those reasons in such manner as they think appropriate.

• (9) A relevant police and crime commissioner may attend, speak at and vote at a meeting of a committee described in subsection (6) only if and to the extent that the business of the meeting relates to the functions of a fire and rescue authority.

• (10) Subsection (11) defines “relevant police and crime commissioner” for the purposes of this section in relation to—

• (a) a committee or sub-committee appointed by a local authority,

• (b) a joint committee appointed by two or more local authorities, or

• (c) a sub-committee appointed by a committee of a local authority or a joint committee of two or more local authorities.

• (11) For those purposes “relevant police and crime commissioner” means a police and crime commissioner—

• (a) whose area is the same as, or contains all of, the area of that local authority or (as the case may be) one or more of those local authorities, or

• (b) all or part of whose area falls within the area of that local authority or (as the case may be) one or more of those local authorities.

103

The expenses incurred by a joint committee of two or more local authorities whether appointed or established under this Part of this Act or any other enactment shall be defrayed by those authorities in such proportions as they may agree or in case of disagreement as may be determined—

• (a) in any case in which those authorities are the councils of parishes or groups of parishes situated in the same district, by the district council;

• (aa) in any case in which those authorities are the councils of communities or groups of communities situated in the same principal area, by the council of that area; and

• (b) in any other case, by a single arbitrator agreed on by the appointing authorities or, in default of agreement, appointed by the Secretary of State.

104

• (1) Subject to subsection (2) below, a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee (including a sub-committee) of the authority and another local authority, whether the committee or joint committee are appointed under this Part of this Act or under any other enactment.

• (2) A person shall not by reason of his being a teacher in, or being otherwise employed in, any school, . . . or other educational institution maintained or assisted by a local authority be disqualified for being a member of any committee of any local authority—

• (a) appointed wholly or partly for the purpose of discharging any education functions as defined in section 579(1) of the Education Act 1996; or

• (b) appointed for purposes connected with the execution of the Public Libraries and Museums Act 1964;

or for being a representative of a local authority on a joint committee of the authority and another authority which has been appointed or established for any such purpose.

• (3) Section 92 above shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee of a local authority or a joint committee of two or more local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.

• (4) In the application of this section to the Common Council for the reference to Part V of this Act there shall be substituted a reference to the enactments for the time being in force relating to disqualification for membership of the Common Council.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

106

Standing orders may be made as respects any committee of a local authority by that authority or as respects a joint committee of two or more local authorities, whether appointed or established under this Part of this Act or any other enactment, by those authorities with respect to the quorum, proceedings and place of meeting of the committee or joint committee (including any sub-committee) but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.

107

• (1) In their application to the Common Council as police authority, sections 101 to 106 shall have effect subject to the following provisions of this section (and in those provisions references to the Common Council are references to the Council as police authority).

• (2) ... Section 101(1)(b) and (3) above shall not apply to the Common Council.

• (2A) The Common Council may not, under section 101(1)(a), arrange for any person to exercise a function that the Common Council has under or by virtue of Part 2 of the Police Reform Act 2002 (see instead section 23(2)(pa) of that Act and regulations made under that provision).

• (3) The officers who may discharge the functions of the Common Council in pursuance of arrangements under section 101(1), (2) or (5) above shall include the chief officer of police, his deputy while performing his duties and any civilian officer employed by the Common Council.

• (3A) Where pursuant to arrangements made by virtue of subsection (3) above—

• (a) a chief officer of police, or

• (b) the deputy of a chief officer of police,

may discharge functions of the Common Council, he may himself arrange for the discharge of any of those functions by a member of the police force or by a person who is employed by the Common Council but is not under the Common Council's direction and control.

• (3B) Section 101 above, in its application to the Common Council, shall have effect as if a reference in subsection (1), (2), (4) or (5) to an officer of an authority included a reference to a member of the Common Council.

• (4) The Secretary of State may by regulations make provision regulating the power of the Common Council under section 101 above to arrange for the discharge of their functions by a committee, sub-committee, officer or member of the Common Council as respects part only of their area.

• (4A) Regulations under subsection (4) may in particular—

• (a) impose limitations or restrictions on the functions which may be the subject of arrangements of the kind referred to in that subsection;

• (b) make provision as to the membership or chairmanship of any committee or sub-committee discharging functions under such arrangements;

• (c) impose limitations or restrictions on which officers or members of the Common Council may discharge functions under such arrangements.

• (4B) A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Section 101(10) above shall not apply to the Common Council.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) A person shall not be disqualified by virtue of section 104 above for being a member of the Common Council or the committee (or any sub-committee) of the Common Council by virtue of his holding any office or employment, except employment by the Common Council.

• (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108

In a parish not having a separate parish council the parish meeting may, subject to any provisons made by a grouping order and subject to such conditions as the meeting may impose, arrange for the discharge of any of their functions by a committee of local government electors for the parish, but any such arrangement shall not prevent the meeting from exercising those functions.

109

• (1) On the application of the parish meeting of a parish not having a separate parish council, the district council may, subject to the provisions of the grouping order if the parish is grouped with any other parish, by order confer on the parish meeting any functions of a parish council.

• (2) Two copies of every order made under this section shall be sent by the district council to the Secretary of State.

110

Part VII — Miscellaneous Powers of Local Authorities

Subsidiary powers

Subsidiary powers of local authorities.

111

• (1) Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

• (2) For the purposes of this section, transacting the business of a parish or community meeting or any other parish or community business shall be treated as a function of the parish or community council.

• (3) A local authority shall not by virtue of this section raise money, whether by means of rates, precepts or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.

• (4) In this section “local authority” includes the Common Council.

Staff

112

• (1) Without prejudice to section 111 above but subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of such of their or another authority’s functions as fall to be discharged by them and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 113 below.

• (2) An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

• (2A) A local authority's power to appoint officers on such reasonable terms and conditions as the authority thinks fit is subject to section 41 of the Localism Act 2011 (requirement for determinations relating to terms and conditions of chief officers to comply with pay policy statement) ....

• (3) Subject to subsection (4) below, any enactment or instrument made under an enactment which requires or empowers all local authorities or local authorities of any description or committees of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.

The reference in this section to committees of local authorities does not include a reference to any committee of which some members are required to be appointed by a body or person other than a local authority.

• (4) Subsection (3) above does not apply to the following officers, that is to say—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) chief education officers appointed under section 532 of the Education Act 1996;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) agricultural analysts and deputy agricultural analysts appointed under section 67(3) of the Agriculture Act 1970; and

• (g) directors of social services appointed under section 6 of the Local Authority Social Services Act 1970 or section 144 of the Social Services and Well-being (Wales) Act 2014;

and it is hereby declared that subsection (3) above does not apply ... to any other person appointed by a local authority to perform a specified function.

• (5) Without prejudice to the provisions of subsection (1) above, a parish or community council may appoint one or more persons from among their number to be officers of the council, without remuneration.

• (6) Nothing in this section affects the operation of section 5 of the 1963 Act or the Local Authorities (Goods and Services) Act 1970.

113

• (1) Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

• (1A) Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with the National Institute for Health and Care Excellence, the Secretary of State, NHS England, ... a Strategic Health Authority, Local Health Board, integrated care board, Special Health Authority, ... , NHS trust or NHS foundation trust—

• (a) for the placing at the disposal of the National Institute for Health and Care Excellence, the Secretary of State, NHS England, ... the Strategic Health Authority, Local Health Board, integrated care board, Special Health Authority , NHS trust or NHS foundation trust for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the local authority;

• (b) for the placing at the disposal of the local authority for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the National Institute for Health and Care Excellence, the Secretary of State, NHS England, ... the Strategic Health Authority, Local Health Board, integrated care board, Special Health Authority , NHS trust or NHS foundation trust;

but a local authority shall not enter into an agreement in pursuance of paragraph (a) of this subsection in respect of any officer without consulting him.

• (2) For superannuation purposes service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities’ functions as an officer of that other local authority.

• (3) An officer whose services are placed at the disposal of a local authority in pursuance of subsection (1A) of this section shall be treated as an officer of the authority for the purposes of any enactment relating to the discharge of local authorities’ functions.